|SOL: + 7 years from liberal discovery vs perp; + 3 years from majority vs non-offenders
1. R.I. Gen. Laws § 9-1-51(a) “ All claims or causes of action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse shall be commenced within seven (7) years of the act alleged to have caused the injury or condition, or seven (7) years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act, whichever period expires later.”
2. R.I. Gen. Laws § 9-1-14 (b) “Actions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue, and not after, except as provided for otherwise in subsection (c) herein.”
a. Kelly v. Marcantonio, 678 A.2d 873 (R.I. 1996) (The time within which a claim for injury resulting from sexual abuse of a minor must be brought is governed by subsection (b) of this section, not § 9-1-51 when the claim is asserted against someone other than the alleged abuser (e.g., against the abuser’s employer)).
1. Majority, 18.
a. R.I. Gen. Laws § 9-1-51(e) (“childhood sexual abuse” means any act committed by the defendant against a complainant who was less than eighteen (18) years of age at the time of the act and which act would have been a criminal violation of chapter 37 of title 11.)
b. R.I. Gen. Laws § 9-1-19. Disability postponing running of statute .If any person at the time any such cause of action shall accrue to him or her shall be under the age of eighteen (18) years, or of unsound mind, or beyond the limits of the United States, the person may bring the cause of action, within the time limited under this chapter, after the impediment is None.
2. Discovery, yes, liberal, but vs perp only.
a. R.I. Gen. Laws § 9-1-51(a) (applies vs perp only).
b. Ryan v. Roman Catholic Bishop of Providence, 941 A.2d 174 (R.I, 2008). (Even if statutory discovery rule applied in civil clerical sex abuse action that named non-perpetrator church as defendant, thereby allowing for tolling of seven-year limitations period from date of abuse to point at which plaintiff church parishioner reasonably should have discovered the injury, parishioner’s stated reason for her belated filing of action against church, that she had been operating under the belief that priest’s abuse was an act of God, was not objectively reasonable as to toll limitations period, as parishioner, who was 21 years of age at time of abuse, provided testimony tending to show she was aware at the time of the incident that priest’s conduct was wrong.)
i. Ryan v. Roman Catholic Bishop, 941 A.2d 174, 181, 2008 R.I. LEXIS 12, 14-15 (R.I. 2008) (“It is well settled in this jurisdiction that a civil action seeking damages for injuries resulting from sexual abuse of a minor asserted against nonperpetrator defendants must be filed within three years pursuant to G.L. 1956 § 9-1-14(b). Kelly v. Marcantonio, 678 A.2d 873, 877 (R.I. 1996); see also Kelly v. Marcantonio, 187 F.3d 192, 195-96 (1st Cir. 1999). Section 9-1-14(b) provides that “[a]ctions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue, and not after.” This Court has previously concluded that, absent an applicable tolling theory, “as far as nonperpetrators are concerned, the statute of limitations for such actions begins to run at the time the injury occurs * * * .” Kelly, 678 A.2d at 877.”)
ii. Kelly v. Marcantonio, 678 A.2d 873, 877, 1996 R.I. LEXIS 187, 11 (R.I. 1996)(“Accordingly, § 9-1-51 has no application to claims made against nonperpetrator-defendants. In regard to nonperpetrator-defendants, the three-year statute of limitation provided in § 9-1-14(b) applies, subject of course to the tolling provision of § 9-1-19, as amended by P.L. 1988, ch. 107, § 1 3”).
|None for rape, first-degree sexual assault, first-degree child molestation sexual assault, second-degree child molestation sexual assault, bigamy. R.I. Gen. Laws § 12-12-17 (a).
R.I. Gen. Laws § 12-12-17 (a) There shall be no statute of limitations for the following offenses: … rape, first-degree sexual assault, first-degree child molestation sexual assault, second-degree child molestation sexual assault, bigamy…chapter 28 of title 21, or any other offense for which the maximum penalty provided is life imprisonment.
APPLICABILITY: Cannot find the text of any bills or amendments prior to 1989 and 1990, but it appears the SOL for most of these crimes has been None since AT LEAST 1990 when section dealing with controlled substances was added, however you can see the crimes relevant to us were already here then:
[A> 12-12-17. STATUTE OF LIMITATIONS. — <A] (a) There shall be no statute of limitations for the following offenses: treason against the state, any homicide, arson, first degree arson, second degree arson, third degree arson, burglary, counterfeiting, forgery, robbery, rape, first degree sexual assault, first degree child molestation sexual assault, second degree child molestation sexual assault, bigamy, [A> MANUFACTURING, SELLING, DISTRIBUTION OR POSSESSION WITH INTENT TO MANUFACTURE, SELL OR DISTRIBUTE A CONTROLLED SUBSTANCE UNDER CHAPTER 28 OF TITLE 21 (UNIFORM CONTROLLED SUBSTANCES ACT), <A] or any other offense for which the maximum penalty provided is life imprisonment.”) 1990 R.I. SB 2607, 1990 R.I. ALS 284, 1990 R.I. Pub. Ch. 284, 1990 R.I. SB 2607.
Other crimes: R.I. Gen. Laws § 12-12-17 (c) (“The statute of limitations for any other criminal offense shall be three (3) years unless a longer statute of limitations is otherwise provided for in the general laws.”)